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Are U.S. Policies Unfair to Haitian Immigrants?

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For the past 56 years, thousands of Haitian migrants have fled their homeland seeking asylum in the United States, though immigration policies in this country have not always welcomed them with open arms. However, the devastating and dangerous decline in Haiti in recent years leaves many with no choice but to flee for survival.

Over the past decade, Haitians have faced ongoing, nearly insurmountable national devastations. In 2010, a catastrophic 7.0 earthquake killed an estimated 200,000 and displaced millions, followed by the worst cholera outbreak ever recorded in any country. In 2016, Hurricane Matthew destroyed thousands of homes and most of the country’s food supply, setting off a rise in gang violence, food insecurity, and even worse poverty. Still reeling in 2020, the country plunged into the COVID-19 pandemic, exacerbating an already acute hunger and health-care crisis. This summer, during violent civil unrest following the assassination of Haitian President Jovenel Moïse, the country was rocked by yet another 7.2 earthquake and a deadly tropical storm, prompting thousands to flee the country at once.

Soon after, tens of thousands of Haitians began gathering at a makeshift encampment under a bridge in Del Rio, Texas, hoping for refuge and to be granted asylum into the United States. The government announced earlier this year that 100,000 Haitians could apply for Temporary Protected Status (TPS), a classification that would allow Haitian migrants to stay lawfully in the United States for up to 18 months. However, the protection only applied to those already residing in the United States.

With the tremendous surge of refugees beginning in August, immigration authorities began deploying more aggressive deportation efforts at the encampment last month to deter additional refugees from traveling to the United States. Within days, they emptied the camp, mostly Haitians, forcing them back into Mexico or to their home countries.

A Brief History of U.S. Policies Regarding Haitian Migrants

The Immigration and Nationality Act of 1965 signaled the start of Haitians fleeing their home country to seek asylum in the United States, as it abolished nationality-based quotas. From 1965 through the 1980s, thousands more traveled to the United States. However, nearly every presidential administration since has treated Haitians differently than other migrants.

During President Jimmy Carter’s term, Haitians were reclassified in an effort to maintain the allied relationship between Haiti and the United States. Rather than classified as political refugees, which grants eligibility for asylum, Haitians were determined as economic refugees, a classification that does not grant eligibility for asylum. Economic refugees are classified as seeking better opportunities, considered a personal choice, versus seeking refuge from a dangerous and politically oppressive country led by violent regimes.

Following Carter, President Ronald Reagan extended the detention further in the 1980s by directing the U.S. Coast Guard to intercept boats carrying Haitians as soon as the vessels entered U.S. waters. Presidents George H.W. Bush and Bill Clinton continued this policy through portions of their terms as well, rejecting asylum, detaining more refugees and holding them longer. In 1991, over 12,000 Haitians were captured by the Coast Guard and held in a detention camp at Guantanamo Bay Naval Base.

Why is the United States Currently Turning Away Asylum Seekers?

The United States has a long history of granting refugees at our southern border the right to protection through asylum. However, since early 2020, that right has been rescinded. Since then, all migrants at our southern border, including thousands of Haitians, have been turned away and expelled back into Mexico or to their home countries.

On March 20, 2020, the United States essentially shut down because of the global COVID-19 pandemic, closing all borders and denying entry for asylum seekers by implementing Title 42. A provision of U.S. public health law Title 42 allows the Department of Health and Human Services (HHS) via the director of the Centers for Disease Control and Prevention (CDC) to issue an emergency order preventing entry into the United States based on the threat of introducing a serious communicable disease, such as the coronavirus. Invoking Title 42 immediately denies the right of asylum to any person. Between October 2020 and February 2021, approximately 60,000 to 70,000 immigrants, many in the United States illegally, were expelled monthly across the country.

Although border bans and international travel restrictions have been lifted in substantial portions of the world in recent months, including the United States, the current administration cited Title 42 as basis for the mass deportation in Del Rio, Texas, citing the rapidly growing crowds presenting a substantial health risk. The move sparked multiple ongoing lawsuits arguing its validity. The expulsion also included over 4,000 Haitians already living in the United States. However, unaccompanied children have been formally excluded and are being temporarily housed in government-run facilities near the southern border.

Per the Refugee Act of 1980, U.S. immigration law designates refugee status as being based on non-refoulement, a designation that maintains asylum seekers will not be returned to their home countries if doing so puts their lives and freedom in danger. Despite the civil unrest, increased gang violence, and severe lack of food and shelter evidenced in Haiti, Homeland Security Secretary Alejandro Mayorkas announced in September that the United States had determined Haiti was, in fact, safe for nationals to return home. Furthermore, he stated the two governments would be working together to help refugees return home humanely and safely. Establishing Haiti as safe means that asylum seekers are not eligible to request refuge in the United States based on political oppression or violence. Over 25,000 have been returned to Haiti or expelled into Mexico and other countries since that time.

Can Haitians Still Apply for Asylum in the United States?

Asylum is granted to those who flee their homeland seeking sanctuary from political, racial or religious persecution. Immigrants may apply for asylum regardless of whether or not they are in the country legally and documented. If granted asylum, refugees and their families, if applicable, will be able to remain safely in the United States.

For Haitian migrants, Mayorkas announced the declaration of a new 18-month Temporary Protected Status designation beginning on August 3, 2021, through February 3, 2023. However, the TPS status currently pertains only to Haitian immigrants already residing in the United States.

If you or someone you know would like to seek asylum from Haiti in the United States, it is strongly recommended that you work with an experienced immigration lawyer, as the process can be lengthy and complicated.

Philadelphia Immigration Lawyers at MC Law Group, LLC Assist Those Seeking Political Asylum from Haiti

Fleeing one’s home country can be dangerous and frightening, yet thousands turn to the United States each year seeking safety and the opportunity for a better life for themselves and their families. The Philadelphia immigration lawyers at MC Law Group, LLC help immigrants seeking political asylum in the United States. Call us at 215-496-0690 or contact us online today to schedule a free consultation. Located in Philadelphia, we serve clients throughout the tri-state area, including Pennsylvania, New Jersey, and nationwide.

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